Section 30-31-32 – Administrative inspections.
The board may make administrative inspections of controlled premises in accordance with the following provisions: A. for purposes of this section, “controlled premises” means: (1) places where persons registered or exempted from registration requirements under the Controlled Substances Act are required to keep records; and (2) places, including factories, warehouses, establishments and conveyances in which […]
Section 30-31-25 – Controlled substances; prohibited acts.
A. It is unlawful for any person: (1) who is a registrant to distribute a controlled substance classified in Schedules [Schedule] I or II, except pursuant to an order form as required by Section 30-31-17 NMSA 1978; (2) to intentionally use in the course of the manufacture or distribution of a controlled substance a registration […]
Section 30-31-25.1 – Possession, delivery or manufacture of drug paraphernalia prohibited; exceptions.
A. It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances […]
Section 30-31-26 – Penalties under other laws.
A. Any penalty imposed for violation of the Controlled Substances Act is in addition to any civil or administrative penalty or sanction otherwise provided by law. B. A municipality may, by ordinance, prohibit distribution or possession of a controlled substance enumerated in Schedules I, II, III or IV but penalty provisions shall be the same […]
Section 30-31-27 – Bar to prosecution.
If a violation of the Controlled Substances Act is a violation of a federal law, the law of another state or the ordinance of a municipality, a conviction or acquittal under federal law, the law of another state or the ordinance of a municipality for the same act is a bar to prosecution. History: 1953 […]
Section 30-31-27.1 – Overdose prevention; limited immunity.
A. A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as […]
Section 30-31-28 – Conditional discharge for possession as first offense.
A. If any person who has not previously been convicted of violating the laws of any state or any laws of the United States relating to narcotic drugs, marijuana, hallucinogenic or depressant or stimulant substances, is found guilty of a violation of Section 23 [30-31-23 NMSA 1978], after trial or upon a plea of guilty, […]
Section 30-31-29 – Probationary period.
Notwithstanding any other provision of law, the court may place on probation for a period not to exceed one year any person convicted of a violation of the Controlled Substances Act where the maximum length of the term of imprisonment is one year or less if: A. the judge does not impose a prison sentence; […]
Section 30-31-30 – Powers of enforcement personnel.
Any officer or employee designated by the board may: A. serve search warrants, arrest warrants and administrative inspection warrants; B. make arrests without warrant for any offense under the Controlled Substances Act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing […]
Section 30-31-17 – Order forms.
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 respecting order forms shall be deemed compliance with this section. History: 1953 Comp., § 54-11-17, enacted by […]